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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2018

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18 DE Admin. Code 901
The Department of Insurance (the Department) gave notice in the Delaware Register of Regulations at 21 DE Reg. 398 (11/01/17) of proposed amendments to Regulation 901, Arbitration of Automobile and Homeowners' Insurance Claims.
The Commissioner finds that it is appropriate to adopt proposed amendments to 18 DE Admin. Code 901 as proposed. The Department received no comments on the proposed filing fee increases, and these fees have not been raised since 2002.
The actions hereinabove referred to were taken by the Commissioner pursuant to 18 Del.C. §311 and Chapter 23, and 21 Delaware Code, Sections 2118 and 2118B on December 15, 2017. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
The 15th day of December, 2017
1.1 The purpose of this Regulation is to implement 18 Del.C. §331, Ch. 23, and 21 Del.C. §§2118 and 2118B by establishing the procedures for the arbitration of certain claims for benefits available under automobile or homeowners' policies or agreements, and/or those statutes. This Regulation is promulgated pursuant to 18 Del.C. §§311, 2312, and 29 Del.C. Ch. 101. This Regulation should not be construed to create any cause of action not otherwise existing at law.
2.1 Every insurer providing coverage or benefits in this State for automobile or homeowners' insurance policies shall submit to arbitration of covered claims (as defined by 18 Del.C. §331, and 21 Del.C. §§2118 and 2118B) by their insureds unless it is exempt from arbitration by the Insurance Commissioner.
4.1.1 Claims for which there is no jurisdiction under 18 Del.C. §331 and 21 Del.C. §§2118 and 2118B;
10.5 Claims for attorney fees under 21 Del.C. §2118B, shall only be granted upon the petitioner proving that the insurer acted in "bad faith." Bad faith is an intentional, reckless or malicious indifference to the duties owed an insured, not negligence, carelessness or inadvertence of any degree.
11.1 Subrogation arbitration between or among insurers pursuant to 21 Del.C. §2118 is not subject to this Regulation and shall continue to be conducted through Arbitration Forums, Inc., or its successor.
12.1.1 $30.00 $50.00 for Automobile Insurance Claims; and
12.1.2 $30.00 $50.00 for Homeowners' Insurance Claims.
14.1 This regulation, as amended, shall replace existing Regulations 10 and 10A in their entirety. This regulation shall become on March 11, 2002. Any health claims commenced under this regulation prior to the effective date of Regulation 11 shall be resolved in accordance with the provisions of 73 Del. Laws Ch. 96.
Last Updated: December 31 1969 19:00:00.
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